Art.

1199 Alternative Obligation

- Obligation with several prestations which are due
but the performance of one is sufficient as
determined by the choice of the debtor in general.
- Requires complete performance of one prestation.
No partial performance of all prestations.
- Ex. Trip to Paris or car.
Art. 1200 – right of choice
- Belongs to the debtor unless expressly granted to
the creditor.
- No right to choose impossible obligations, unlawful
or not the object of the obligation.
- No more right to choose if only one is practicable
(Art. 1202).
Art. 1201 choice must be communicated, otherwise
obligation remains alternative.
- Concurrence of creditor is not required.
- Notice either oral or in writing.
Art. 1203 – Debtor can rescind contract if through
creditor’s fault, debtor cannot make a choice. Ex. Car or
cash. Creditor sold the car to another person. Debtor
may choose car plus damages.

Art. 1204 & 1205 - Effects of loss of objects of obligation

(right of choice belongs to debtor)
a) All are lost – indemnity for damages; basis of
indemnity is the value of the last thing which is
disappeared plus other damages
b)Some are lost – no liability since the debtor can
still performed the obligation.

Art. 1205 – Rules in case of loss when the right of choice

belongs to the creditor.
a) Lost through fortuitous event – creditor can choose
from the remaining. If all are lost, obligation is
extinguished (determinate thing)
- Lost through debtor’s fault – choose the lost item or
the existing items plus damages in either case.
Art. 1206 – Facultative Obligation
- Only one prestation is agreed upon, but the obligor
may render another in substitution.
- Ex. Trip to Paris or convert to cash.
- No liability in case of loss of the substitute except
when substitution is made prior to the loss.